[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1505.1]



[Page 883]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1505_NEPA AND AGENCY DECISIONMAKING--Table of Contents

 

Sec.  1505.1  Agency decisionmaking procedures.









Sec.

1505.1 Agency decisionmaking procedures.

1505.2 Record of decision in cases requiring environmental impact 

          statements.

1505.3 Implementing the decision.



    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 

as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 

amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 

E.O. 11991, May 24, 1977).



    Source: 43 FR 55999, Nov. 29, 1978, unless otherwise noted.





    Agencies shall adopt procedures (Sec.  1507.3) to ensure that 

decisions are made in accordance with the policies and purposes of the 

Act. Such procedures shall include but not be limited to:

    (a) Implementing procedures under section 102(2) to achieve the 

requirements of sections 101 and 102(1).

    (b) Designating the major decision points for the agency's principal 

programs likely to have a significant effect on the human environment 

and assuring that the NEPA process corresponds with them.

    (c) Requiring that relevant environmental documents, comments, and 

responses be part of the record in formal rulemaking or adjudicatory 

proceedings.

    (d) Requiring that relevant environmental documents, comments, and 

responses accompany the proposal through existing agency review 

processes so that agency officials use the statement in making 

decisions.

    (e) Requiring that the alternatives considered by the decisionmaker 

are encompassed by the range of alternatives discussed in the relevant 

environmental documents and that the decisionmaker consider the 

alternatives described in the environmental impact statement. If another 

decision document accompanies the relevant environmental documents to 

the decisionmaker, agencies are encouraged to make available to the 

public before the decision is made any part of that document that 

relates to the comparison of alternatives.



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